DABHI SANJAYKUMAR JAWANSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has preferred this petition under Article 227 of the Constitution of India to get the custody of muddamal vehicle being Honda Activa 4G Pearl Amazing White Colour having registration number GJ-07-CL-0385, which is seized by police in connection with FIR being Prohibition C.R.No. III06 of 2019 registered with Dehgam Police station, District : Gandhinagar for offences punishable under sections 65(A)(E) and 98(2) etc. of the Gujarat Prohibition Act.

(2.) Learned advocate for the petitioner, submits that the petitioner being the owner of muddamal vehicle moved an application under section 451 of the Code of Criminal Procedure 1973 [ the code for short] before the learned Judicial Magistrate First Class, Dehgam for interim custody of the vehicle during the pendency of the Trial of the case. The learned Magistrate, by his order dated 19.04.2019, rejected the application essentially on the ground of bar contained in section 98(1) of the Prohibition Act and the quantum of sentence prescribed for the offence. However, the petitioner did not assail the order of the learned Magistrate by preferring the Criminal Revision Application in the Sessions Court and he approached this Court with the present petition.

(3.) Rule returnable forthwith. Learned APP waives service of notice of rule on behalf of the respondent-State. With consent of the learned advocates for the parties, the matter has taken up for final disposal today.